BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130019747
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.
2. The applicant states he was wounded in the Republic of Vietnam (RVN) but was not awarded the Purple Heart.
3. The applicant provides copies of:
* DD Form 214 (Copy Number 1)
* Standard Form 600 (Chronological Record of Medical Care), dated between 14 January and 20 August 1970
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 20 January 1969, the applicant was inducted into the Army of the United States. He completed training and was awarded military occupational specialty (MOS) 11C (Infantryman Indirect Fire Crewman).
3. On 24 May 1969, the applicant departed Fort Ord, CA, for duty in the RVN.
a. On 21 June 1969, he was assigned as an ammunition bearer with Company E, 1st Battalion, 14th Infantry Regiment, 4th Infantry Division.
b. On 20 September 1969, he was reassigned within his company for duty as a mortar gunner.
c. A Standard Form 600 provided by the applicant indicates he received shrapnel wound to his right arm at 0600 hours on 14 January 1970 and he was to be seen by the surgeon on that date.
d. He returned to the United States from the RVN on 10 June 1970 and he was assigned to Fort Riley, KS on 20 July 1970.
4. On 19 January 1971, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). He had attained the rank of sergeant, pay grade E-5, and had completed 2 years of creditable active duty service.
5. The applicant's DD Form 214 show the following awards:
* National Defense Service Medal
* Combat Infantryman Badge
* Air Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Bronze Star Medal
* Marksman Marksmanship Qualification Badge with Rifle M-14) Bar
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
6. The DA Form 20 (Enlisted Personnel Record) pertaining to the applicant does not contain an entry in item 40 (Wounds).
7. The RVN Casualty Roster does not list the applicant's name.
8. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal an award of the Purple Heart to the applicant. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command.
9. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.
2. There are no available general orders showing the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam Casualty Roster.
3. The medical documentation provided by the applicant clearly shows he was treated for "shrapnel" wound(s) to his right arm; unfortunately, the circumstances surrounding his injury are not mentioned. Furthermore, there is no corroborating evidence showing that his wound/injury was the result of enemy action.
4. In view of the above, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ _X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ X_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130019747
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